Beyond the Intelligence Authorization Act for Fiscal Year 2010, discussed in today’s digest, there are just two substantive bills scheduled for consideration in the House this week.

H.R. 3695, known as “Billy’s Law,” would authorize spending for the National Missing and Unidentified Persons System, it would facilitate data sharing between that system and the National Crime Information Center database, as well as providing incentive grants to help facilitate reporting to such systems.

The other bill, called the “Health Insurance Industry Fair Competition Act,” hasn’t been introduced yet. It would evidently make for fair competition in the health insurance industry.

This is the WashingtonWatch.com email newsletter for the week of February 8, 2010. Subscribe here.

email newsletter | tell a friend | wiki | about | home | log in From the Blog: President Obama’s FY 2011 Budget Last week, President Obama proposed a budget for the federal government’s 2011 fiscal year, which begins October 1st. Read about the schedule by which FY 2011 spending is supposed to be determined in a blog post entitled: “The FY 2011 Budget Process Begins—$39,000 per Family in Spending.” A more detailed look at where the money would go can be found in: “The President’s Budget—Agency by Agency.” Featured Item A light schedule in Congress this week will be even lighter because of the storm that hit Washington, D.C. this weekend. The House will debate H.R. 2701, the Intelligence Authorization Act for Fiscal Year 2010. The bill would would authorize spending for fiscal year 2010 on the government’s intelligence and intelligence-related activities. The cost of the bill, which includes only non-classified intelligence programs, is about $6.50 per U.S. family. H.R. 2701 The Intelligence Authorization Act for Fiscal Year 2010 Costs $6.48 per family What People Think The Intelligence Authorization Act for Fiscal Year 2010 33% For, 67% Against Vote on this Bill Displayed below are new, updated, and passed items with their cost or savings per family. New Items H.R. 3695 Billy’s Law Costs $0.41 per family S. 633 The Tribal Health Promotion and Tribal Colleges and Universities Advancement Act of 2009 Costs $6.15 per family H.R. 2288 The Endangered Fish Recovery Programs Improvement Act of 2009 Costs $0.10 per family H.R. 4506 The Bankruptcy Judgeship Act of 2010 Costs $1.05 per family H.R. 569 The Equal Justice for Our Military Act of 2009 Costs $0.10 per family S. 1830 The Federal Agency Energy Efficiency Improvement Act of 2009 Costs $0.01 per family H.R. 2476 The Ski Area Recreational Opportunity Enhancement Act of 2009 Costs $0.00 per family S. 2924 The Boys & Girls Clubs Centennial Reauthorization Act of 2009 Costs $2.39 per family S. 1011 The Native Hawaiian Government Reorganization Act of 2009 Costs $0.08 per family S. 1453 The Bureau of Reclamation Fish Recovery Programs Reauthorization Act of 2009 Costs $0.22 per family S. 1757 A bill to provide for the prepayment of a repayment contract between the United States and the Uintah Water Conservancy District, and for other purposes Costs $0.00 per family S. 2859 The Coral Reef Conservation Amendments Act of 2009 Costs $1.69 per family Updated Items H.R. 2802 To provide for an extension of the legislative authority of the Adams Memorial Foundation to establish a commemorative work in honor of former President John Adams and his legacy, and for other purposes Costs $0.00 per family Passed Items P.L. 111-128 To designate the facility of the United States Postal Service located at 116 North West Street in Somerville, Tennessee, as the “John S. Wilder Post Office Building” P.L. 111-129 To designate the facility of the United States Postal Service located at 76 Brookside Avenue in Chester, New York, as the “1st Lieutenant Louis Allen Post Office” P.L. 111-130 To designate the facility of the United States Postal Service located at 9810 Halls Ferry Road in St. Louis, Missouri, as the “Coach Jodie Bailey Post Office Building” P.L. 111-131 To designate the facility of the United States Postal Service located at 440 South Gulling Street in Portola, California, as the “Army Specialist Jeremiah Paul McCleery Post Office Building” P.L. 111-132 To designate the facility of the United States Postal Service located at 427 Harrison Avenue in Harrison, New Jersey, as the “Patricia D. McGinty-Juhl Post Office Building” P.L. 111-133 To designate the facility of the United States Postal Service located at 16555 Springs Street in White Springs, Florida, as the “Clyde L. Hillhouse Post Office Building” P.L. 111-134 To designate the facility of the United States Postal Service located at 170 North Main Street in Smithfield, Utah, as the “W. Hazen Hillyard Post Office Building” P.L. 111-135 To designate the facility of the United States Postal Service located at 3900 Darrow Road in Stow, Ohio, as the “Corporal Joseph A. Tomci Post Office Building” P.L. 111-136 To provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes P.L. 111-137 To amend title 38, United States Code, to expand veteran eligibility for reimbursement by the Secretary of Veterans Affairs for emergency treatment furnished in a non-Department facility, and for other purposes Costs $0.19 per family P.L. 111-138 A bill to provide that claims of the United States to certain documents relating to Franklin Delano Roosevelt shall be treated as waived and relinquished in certain circumstances Costs $0.00 per family email newsletter | tell a friend | wiki | about | home | privacy | contact | log in WashingtonWatch.com P.O. Box 77576 Washington, D.C. 20013

The release of the president’s budget last week kicked off the planning process for fiscal year 2011, which begins October 1st. We reviewed the schedule and the total cost of the budget—$39,000 per family—in a blog post last week.

A lot of statistics come out with the budget, including an agency-by-agency run-down of the president’s proposed spending. So we’ve produced a chart of how much money goes to each agency. Along with the total amount, you can see the amount of spending per family or per person in the chart below.

Some of the numbers are pretty startling. For example, if you look at spending on the Department of Health and Human Services (i.e. Medicare and Medicaid) and Social Security, that’s over $1.5 trillion right there. That’s about $16,000 per U.S. family or $5,100 per person in spending on health and income support. The beautiful—er, uh, boxy—building pictured here is HHS, where a lot of this spending is administered.

Another big chunk of spending is on the military. Put together the Department of Defense and the Department of Veterans Affairs, and you’ve got about $812 billion in spending—$8,200 per family or $2,600 per person.

It’s up to you as a taxpayer, voter, and citizen to decide whether the federal government’s spending priorities are in the right place. Following the budget and spending process here might give you information you need to tell your member of Congress what you think about it all and ultimately drive the federal government in a direction you prefer.

On Monday, President Obama sent his budget proposal for the federal government’s 2011 fiscal year to Congress. You can check it out here. The new fiscal year begins October 1st.

If it feels like we just finished a budget cycle, that’s because we just did. Congress and the president finally finished making this year’s spending decisions in mid-December, when it passed the Consolidated Appropriations Act, 2010, two-and-a-half months into the current fiscal year.

The chart shown here highlights the schedule for some key steps in the process for deciding how government funds are spent. As you can see, the first Monday in February is the date on which the president is supposed to submit his budget. This year, President Obama is on time.

But last year he was not. President Obama failed to submit a budget by the first Monday in February. His focus was more on the “stimulus” bill. The president finally limped in with his budget at the beginning of May. And that set the tone for the rest of the budget year. You can read the story of the FY 2010 budget process here.

But what about the numbers?

The budget calls for over $3.8 trillion in spending—just shy of $39,000 per U.S. family, or $12,400 per person. Unfortunately, there isn’t enough revenue to cover all that. The United States will accrue about $1.27 trillion in new debt. That’s almost $12,900 per family, $4,100 per person.

Check this space for reporting on the budget process as it goes on. Perhaps along the way you’ll learn enough about it that you’ll feel inclined to tell your representatives in Congress what you think.

Congress has a light schedule in terms of substantive bills again this week. It will debate the following bills:

S. 2950 – To extend the pilot program for volunteer groups to obtain criminal history background checks

H.R. 2843 – Architect of the Capitol Appointment Act of 2009

H.R. 4532 – Social Security Disability Applicants’ Access to Professional Representation Act of 2010

This is the WashingtonWatch.com email newsletter for the week of February 1, 2010. Subscribe here.

email newsletter | tell a friend | wiki | about | home | log in From the Blog: President Obama Wants Earmark Transparency In his State of the Union speech last week, President Obama called for the government to publish a database of proposed earmarks like the one WashingtonWatch.com and its team of earmark hunters produced last summer. Read about it in a blog post entitled: “State of the Union: President Obama Wants Earmark Transparency.” Featured Items This week the president will introduce his budget for fiscal year 2011. It will call for about $3.8 trillion in spending, about $1.6 trillion of which will be added to the national debt. That’s about $36,600 per U.S. family in spending, $17,350 per family in new debt. The House will debate H.R. 4061, the Cybersecurity Enhancement Act of 2009. The bill is intended to advance cybersecurity research, development, and technical standards. Passage of H.R. 4061 would cost a little over $5.50 per U.S. family. The House will also debate H.J. Res. 45, which would reestablish “Pay-As-You-Go” or “PayGo” rules for Congress. PayGo rules require Congress to pay for new programs by cutting spending in other parts of the budget. H.J. Res. 45 passed the House once already, as a measure to increase the country’s debt ceiling, but the Senate turned it into a PayGo bill, which the House will now consider. H.R. 4061 The Cybersecurity Enhancement Act of 2009 Costs $5.66 per family H. J. Res. 45 Increasing the statutory limit on the public debt What People Think The Cybersecurity Enhancement Act of 2009 43% For, 57% Against Vote on this Bill H. J. Res. 45 5% For, 95% Against Vote on this Bill Displayed below are new, updated, and passed items with their cost or savings per family. New Items S. 369 The Preserve Access to Affordable Generics Act Saves $13.56 per family P.L. 111-126 To accelerate the income tax benefits for charitable cash contributions for the relief of victims of the earthquake in Haiti Saves $0.04 per family H.R. 1064 The Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education Act Costs $16.11 per family S. 678 The Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009 Costs $24.14 per family S. 714 The National Criminal Justice Commission Act of 2009 Costs $0.14 per family S. 1140 The La Pine Land Conveyance Act Costs $0.00 per family S. 2869 The Small Business Job Creation and Access to Capital Act of 2009 Costs $0.21 per family H.R. 1694 The Revolutionary War and War of 1812 Battlefield Protection Act Costs $0.94 per family S. 940 The Southern Nevada Higher Education Land Act of 2009 Costs $0.00 per family Updated Items none Passed Items P.L. 111-126 To accelerate the income tax benefits for charitable cash contributions for the relief of victims of the earthquake in Haiti Saves $0.04 per family P.L. 111-127 The Emergency Aid to American Survivors of the Haiti Earthquake Act email newsletter | tell a friend | wiki | about | home | privacy | contact | log in WashingtonWatch.com P.O. Box 77576 Washington, D.C. 20013

Last summer, our very successful earmarks contest brought together data about the more than 40,000 earmark requests members of Congress and senators sought during the appropriations process. We showed that the public wants a look at earmarks and a say in how taxpayer dollars get spent. Here’s our earmarks map and list.

The White House took notice, and in this Federal Computer Week article, an Office of Management and Budget spokesperson said that they would track earmarks from the request stage during the upcoming FY 2011 budget cycle.

Tonight’s state of the union speech had confirmation that the administration will press forward on transparency. In language that the White House sent me ahead of the speech, President Obama said:

I’m also calling on Congress to continue down the path of earmark reform. You have trimmed some of this spending and embraced some meaningful change. But restoring the public trust demands more. For example, some members of Congress post some earmark requests online. Tonight, I’m calling on Congress to publish all earmark requests on a single website before there’s a vote so that the American people can see how their money is being spent.

It’s great to see focus in an important speech on earmark transparency, and it’s a tribute to the people who made our earmarks contest a success.

Two important clarifications: A web site would be fine, but it’s more important to make the data available to web sites like ours. And if Congress doesn’t do it, the Office of Management and Budget should gather the data as it said it would.

I’m happy to report that a fact sheet put out by the White House says: “It’s time for a comprehensive, bipartisan, state-of-the-art disclosure database that allows Americans to examine the details of every proposed earmark before a vote is taken—one that is fully searchable and otherwise user-friendly.” That’s good. What we want is earmark data.

In the next few weeks, we’ll be providing the White House and the appropriations committees the data schema that we recommend they use in their earmark tracking. Hopefully, this will help them implement the president’s promise, and it will help ensure that the data is the most useful it can be.

In the meantime, congratulations to the WashingtonWatch.com earmark hunters who helped press this genuine change on our government. Thanks are due the president and White House staff for working to follow through on this promise.

Transparency like this is good legislative hygiene, and the example we set here will be picked up elsewhere in the legislative process as we continue to make the government better.

This is the WashingtonWatch.com email newsletter for the week of January 25, 2010. Subscribe here.

email newsletter | tell a friend | wiki | about | home | log in From the Blog: Back to the Drawing Board for Health Care Legislation The surprising election of Republican Scott Brown to succeed Edward Kennedy representing Massachusetts in the U.S. Senate has had huge reverberations. Among other things, it has put the health care plans of President Obama and congressional Democrats into disarray. Read about it in a blog post called “Health Care Legislation: Back to the Drawing Board.” Featured Items The president will deliver his first state of the union address this week. Starting at 9 p.m. Eastern on Wednesday night, the speech will be aired on many television networks and streamed live on Whitehouse.gov. The Senate will continue debate this week on H.J. Res. 45, which would increase the statutory limit on the public debt to over $13 trillion. Federal law sets the amount of public debt that the U.S. Treasury may issue. As the government’s indebtedness continues to grow, the amount of public debt allowed in federal law has to be revised upwards. Doing so has no costs itself. Along with a number of other modest bills, the House will debate H.R. 3726, the Castle Nugent National Historic Site Establishment Act of 2009. The bill would establish a historic site at St. Croix, United States Virgin Islands at a cost of about $0.24 per U.S. family. H. J. Res. 45 Increasing the statutory limit on the public debt H.R. 3726 The Castle Nugent National Historic Site Establishment Act of 2009 Costs $0.24 per family What People Think H. J. Res. 45 5% For, 95% Against Vote on this Bill The Castle Nugent National Historic Site Establishment Act of 2009 36% For, 64% Against Vote on this Bill Displayed below are new, updated, and passed items with their cost or savings per family. New Items S. 373 A bill to amend title 18, United States Code, to include constrictor snakes of the species Python genera as an injurious animal Costs $0.00 per family S. 448 The Free Flow of Information Act of 2009 Costs $0.01 per family S. 555 The Sugar Loaf Fire Protection District Land Exchange Act of 2009 Costs $0.00 per family S. 721 The Alpine Lakes Wilderness Additions and Pratt and Middle Fork Snoqualmie Rivers Protection Act Costs $0.00 per family S. 853 The White Clay Creek Wild and Scenic River Expansion Act of 2009 Costs $0.00 per family S. 874 The El Rio Grande Del Norte National Conservation Area Establishment Act Costs $0.00 per family S. 2862 The Small Business Export Enhancement and International Trade Act of 2009 Costs $0.63 per family S. 2856 The International Fisheries Agreement Clarification Act Costs $0.00 per family S. 1524 The Foreign Assistance Revitalization and Accountability Act of 2009 Costs $1.77 per family S. 2727 The START I Treaty Inspections and Monitoring Protocol Continuation Act of 2009 Costs $0.00 per family S. 1139 The Wallowa Forest Service Compound Conveyance Act Costs $0.00 per family H.R. 714 To authorize the Secretary of the Interior to lease certain lands in Virgin Islands National Park, and for other purposes Costs $0.00 per family S. 1214 The National Fish Habitat Conservation Act Costs $5.21 per family S. 1405 The Longfellow House-Washington’s Headquarters National Historic Site Designation Act Costs $0.00 per family S. 2865 The Congressional Award Program Reauthorization Act of 2009 Costs $0.01 per family Updated Items H.R. 3113 The Upper Elk River Wild and Scenic Study Act Costs $0.00 per family H.R. 2711 The FBI Families of Fallen Heroes Act Costs $0.10 per family Passed Items none email newsletter | tell a friend | wiki | about | home | privacy | contact | log in WashingtonWatch.com P.O. Box 77576 Washington, D.C. 20013

Last week, President Obama unveiled a plan for something he called a ”Financial Crisis Responsibility Fee,” to be fleshed out in his forthcoming budget proposal. (More about his bank regulation plans here. They have not made it into any bill yet.)  He will seek to have some set of financial services providers pay money to the government as comeuppance for the recent financial crisis and government involvement in trying to remedy it.

The naming of the “Financial Crisis Responsibility Fee” is a fairly conspicuous attempt to avoid calling it a tax. But it’s fairly clear that it is.

The galaxy of government revenues has a number of different planets—taxes, fees, penalties, and a few others. If they’re well constructed, fees are generally favored because the recipients of services or benefits pay their costs. Fees avoid redistribution of wealth (either toward or away from payers). But this doesn’t mean that you can name any payment to the government a ”fee” and produce fair and appropriate results.

When I worked on Capitol Hill, I was tasked with writing a bill to deny federal agencies the power to raise taxes, requiring them to be approved by Congress. (You’d think that only Congress should set or raise taxes, right? Sorry to disappoint.) The goal was not to draw fee-setting into the ambit of the bill.

After extensive reasearch into the dividing line between fees and taxes, which is not as simple as one might imagine, I produced the following definition, as found in the Taxpayer’s Defense Act (introduced in the House during the 105th Congress, and the House and Senate in the 106th Congress):

[T]he term “tax” means a non-penal, mandatory payment of money or its equivalent to the extent such payment does not compensate the Federal Government or other payee for a specific benefit conferred directly on the payer.

Parsing it briefly: A penalty is not a tax. A voluntary payment is not a tax. Both payments of money and tranfers of value not denominated in dollars can be taxes. A payment that compensates a benefit conferred is not a tax, but the part of a payment going above the benefit conferred is. A benefit is something the payer wants that is conferred directly on the payer, not benefits conferred on regulated entities generally or on the country as a whole. (And though this isn’t specified in the definition, being regulated isn’t a benefit.)

With even the New York Times referring to President Obama’s “Financial Crisis Responsibility Fee” as a “tax,” there doesn’t seem to be much chance of that the administration will get the “fee” label to stick. But, just in case, here’s confirmation: It’s a tax. Whether it’s a good idea or not is a separate question.

The election of Republican Scott Brown to succeed Edward Kennedy representing Massachusetts in the U.S. Senate has had huge reverberations. The meaning of it for health care legislation is now starting to become clear.

The provocative, questionable idea that the House and Senate might try to pass a bill before Brown was seated had clearly met its demise when Senator Jim Webb (D-VA) released a statement rejecting that approach.

The next best option for Democratic proponents of the bill was to have the House accept the bill passed by the Senate, doing away with the need for any more Senate votes. (Past posts on the Senate-passed bill are here, here, and here.) That idea appears now to be done for, with reports that House Speaker Nancy Pelosi doesn’t have the votes to do that.

That means that health care essentially goes back to the drawing board.

Whatever you feel about the substance—for or against the bill—it’s a fascinating turn of events. Politicians and political scientists have plenty to learn from it. We should also be sure to focus on finding the best way to improve health care and health outcomes in the country. Sometimes it’s easy to lose track of that in the political machinations.